Legal Definitions - missio in bona

Definition: Missio in bona is a term used in Roman law. It refers to a praetor's grant to a creditor of individual items of the judgment debtor's property already in the creditor's possession or a grant to a creditor in possession of the debtor's whole estate, as a form of execution of judgment.

Example 1: A creditor has a judgment against a debtor for a sum of money. The creditor has possession of the debtor's car. The praetor grants the creditor missio in bona, allowing the creditor to keep the car as payment for the debt.

Example 2: A creditor has a judgment against a debtor for a sum of money. The creditor has possession of all the debtor's property. The praetor grants the creditor missio in bona, allowing the creditor to keep all the debtor's property as payment for the debt.

These examples illustrate how missio in bona works in Roman law. It allows a creditor to take possession of a debtor's property as payment for a debt owed. The praetor grants this right to the creditor as a form of execution of judgment.